texas board of professional surveying act 2010
DESCRIPTION
This is the 2010 Act from the Texas Board of Professional Land SurveyingTRANSCRIPT
OCCUPATIONS CODEAA CHAPTER 1071. LAND SURVEYORS
OCCUPATIONS CODE
TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,
AND RELATED PRACTICES
SUBTITLE C. REGULATION OF LAND SURVEYING AND RELATED PRACTICES
CHAPTER 1071. LAND SURVEYORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.A1071.001.AASHORT TITLE.A This chapter may be cited as
the Professional Land Surveying Practices Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.002.AADEFINITIONS.A In this chapter:
(1)AA"Board" means the Texas Board of Professional Land
Surveying.
(2)AA"Commissioner" means the commissioner of the
General Land Office.
(3)AA"Delegated responsible charge" means the direct
control of professional surveying work performed under the
supervision of a registered professional land surveyor.
(4)AA"Land surveyor" means a registered professional
land surveyor or licensed state land surveyor.
(5)AA"Licensed state land surveyor" means a surveyor
licensed by the board to survey land in which the state or the
permanent school fund has an interest or perform other original
surveys for the purpose of filing field notes in the General Land
Office.
(6)AA"Professional surveying" means the practice of
land, boundary, or property surveying or other similar professional
practices.AAThe term includes:
(A)AAperforming any service or work the adequate
performance of which involves applying special knowledge of the
principles of geodesy, mathematics, related applied and physical
sciences, and relevant laws to the measurement or location of
sites, points, lines, angles, elevations, natural features, and
existing man-made works in the air, on the earth ’s surface, within
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underground workings, and on the beds of bodies of water to
determine areas and volumes for:
(i)AAlocating real property boundaries;
(ii)AAplatting and laying out land and
subdivisions of land; or
(iii)AApreparing and perpetuating maps,
record plats, field note records, easements, and real property
descriptions that represent those surveys; and
(B)AAconsulting, investigating, evaluating,
analyzing, planning, providing an expert surveying opinion or
testimony, acquiring survey data, preparing technical reports, and
mapping to the extent those acts are performed in connection with
acts described by this subdivision.
(7)AA"Registered professional land surveyor" means a
person registered by the board as a registered professional land
surveyor.
(8)AA"State land surveying" means the science or
practice of land measurement according to established and
recognized methods engaged in as a profession or service for the
public for compensation and consisting of the following activities
conducted when the resulting field notes or maps are to be filed
with the General Land Office:
(A)AAdetermining by survey the location or
relocation of original land grant boundaries and corners;
(B)AAcalculating area and preparing field note
descriptions of surveyed and unsurveyed land or land in which the
state or the permanent school fund has an interest; and
(C)AApreparing maps showing the survey results.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 611, Sec. 1, eff. June 17, 2005.
Sec.A1071.003.AAAPPLICATION OF SUNSET ACT.A The Texas Board
of Professional Land Surveying is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this chapter
expires September 1, 2015.
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Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 1, eff. Sept. 1, 2003.
Sec.A1071.004.AAAPPLICATION OF CHAPTER.A This chapter does
not require the use of a registered professional land surveyor to
establish an easement or a construction estimate that does not
involve the monumentation, delineation, or preparation of a metes
and bounds description.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
Sec.A1071.051.AABOARD MEMBERSHIP.A (a)AAThe Texas Board of
Professional Land Surveying consists of nine members as follows:
(1)AAthe commissioner;
(2)AAtwo licensed state land surveyor members actively
engaged in the practice of state land surveying for not less than
the five years preceding appointment;
(3)AAthree registered professional land surveyor
members actively engaged in the practice of professional surveying
in this state for not less than the five years preceding
appointment; and
(4)AAthree members who represent the public.
(b)AAThe members of the board other than the commissioner are
appointed by the governor with the advice and consent of the senate.
The governor shall appoint the licensed state land surveyor board
members on the recommendation of the commissioner.
(c)AAA board member must be a United States citizen.
(d)AAIf the commissioner is absent, the commissioner ’s
duties as a board member shall be performed by:
(1)AAthe chief clerk of the General Land Office
appointed by the commissioner to perform any of the commissioner ’s
duties if the commissioner is sick, is absent, dies, or resigns; or
(2)AAa licensed state land surveyor employee of the
General Land Office designated by the commissioner to serve as
director of surveying for the office.
(e)AAA registered professional land surveyor board member
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may not be licensed as a licensed state land surveyor.
(f)AAFor purposes of the experience required for appointment
as a registered professional land surveyor board member, the
teaching of surveying in a recognized school of engineering or
surveying may be regarded as the practice of professional land
surveying.
(g)AAAppointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 23.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 16, Sec. 2, eff. Sept. 1, 2003.
Sec.A1071.052.AAELIGIBILITY OF PUBLIC MEMBERS.A A person is
not eligible for appointment as a public member of the board if the
person or the person’s spouse:
(1)AAis registered, certified, or licensed by an
occupational regulatory agency in the field of surveying;
(2)AAis employed by or participates in the management
of a business entity or other organization regulated by or
receiving funds from the board;
(3)AAowns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the board; or
(4)AAuses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.053.AAMEMBERSHIP AND EMPLOYEE RESTRICTIONS.A
(a)AAIn this section, "Texas trade association" means a cooperative
and voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
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(b)AAA person may not be a member of the board and may not be
an employee of the board employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1)AAthe person is an officer, employee, or paid
consultant of a Texas trade association in the field of surveying;
or
(2)AAthe person’s spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of surveying.
(c)AAA person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person’s activities for compensation on behalf of a profession
related to the operation of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 3, eff. Sept. 1, 2003.
Sec.A1071.054.AATERMS; OATH; VACANCY.A (a)AAMembers of the
board appointed by the governor serve staggered six-year terms,
with the terms of approximately one-third of those members expiring
on January 31 of each odd-numbered year.
(b)AAA board member appointed by the governor may not serve
more than two consecutive terms.
(c)AABefore assuming the duties of office, each board member
shall file with the secretary of state a copy of the constitutional
oath of office taken by the member.
(d)AAA vacancy on the board is filled by appointment by the
governor in the manner provided by Section 1071.051 for the
unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 23.02, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 16, Sec. 4, eff. Sept. 1, 2003.
Sec.A1071.055.AAOFFICERS.A (a)AAThe governor shall
designate one board member as the board ’s presiding officer to
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serve in that capacity at the pleasure of the governor.
(b)AAThe board shall elect a member as assistant presiding
officer at the first board meeting held after February 10 of each
odd-numbered year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.056.AAGROUNDS FOR REMOVAL.A (a)AAIt is a ground
for removal from the board that a member:
(1)AAdoes not have at the time of taking office the
qualifications required by Sections 1071.051 and 1071.052;
(2)AAdoes not maintain during service on the board the
qualifications required by Sections 1071.051 and 1071.052;
(3)AAis ineligible for membership under Section
1071.051, 1071.052, or 1071.053;
(4)AAcannot, because of illness or disability,
discharge the member’s duties for a substantial part of the member ’s
term; or
(5)AAis absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by majority vote
of the board.
(b)AAThe validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c)AAIf the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 5, eff. Sept. 1, 2003.
Sec.A1071.057.AAPER DIEM; REIMBURSEMENT.A (a)AAEach board
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member other than the commissioner is entitled to receive a per diem
allowance as set by the legislature for each day that the member
engages in official board duties, including time spent in necessary
travel.
(b)AAEach board member other than the commissioner is
entitled to reimbursement for all legitimate expenses incurred in
performing the member’s duties.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.058.AAMEETINGS.A (a)AAThe board shall hold
meetings at least twice each year at times and places determined by
the board to transact business and examine approved applicants for:
(1)AAcertification as a surveyor-in-training;
(2)AAregistration as a registered professional land
surveyor; or
(3)AAlicensing as a licensed state land surveyor.
(b)AAThe board shall hold regular and special meetings at the
times determined by the board. A special meeting may be called by
the presiding officer or by the assistant presiding officer if the
presiding officer is out of the state or unable to act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.059.AATRAINING.A (a)AAA person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b)AAThe training program must provide the person with
information regarding:
(1)AAthe legislation that created the board;
(2)AAthe programs operated by the board;
(3)AAthe role and functions of the board;
(4)AAthe rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5)AAthe current budget for the board;
(6)AAthe results of the most recent formal audit of the
board;
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(7)AAthe requirements of:
(A)AAthe open meetings law, Chapter 551,
Government Code;
(B)AAthe public information law, Chapter 552,
Government Code;
(C)AAthe administrative procedure law, Chapter
2001, Government Code; and
(D)AAother laws relating to public officials,
including conflict-of-interest laws; and
(8)AAany applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c)AAA person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 6, eff. Sept. 1, 2003.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec.A1071.101.AAEXECUTIVE DIRECTOR.A (a)AAThe board shall
employ an executive director to conduct the administrative affairs
of the board under the board ’s direction. The executive director
serves at the pleasure of the board.
(b)AARepealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(42).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 285, Sec. 26, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 285, Sec. 31(42), eff. Sept. 1,
2003.
Sec.A1071.102.AAPERSONNEL.A (a)AAThe board shall employ or
retain persons as necessary to properly perform the board ’s work
under this chapter, including investigative services.
(b)AAThe board may accept services necessary to perform the
board’s work under this chapter that are provided by private
sources at no cost to the board.
(c)AACompensation paid by the board under this chapter may
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not exceed compensation paid for similar work in other state
agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.103.AADIVISION OF RESPONSIBILITIES.A The board
shall develop and implement policies that clearly define the
respective responsibilities of the board and the staff of the
board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.104.AAREQUIREMENTS AND STANDARDS OF CONDUCT
INFORMATION.A The executive director or the executive director’s
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person’s responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 7, eff. Sept. 1, 2003.
Sec.A1071.105.AACAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS.A (a)AAThe executive director or the executive
director’s designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of all
nonentry level positions concurrently with any public posting.
(b)AAThe executive director or the executive director ’s
designee shall develop a system of annual performance evaluations.
All merit pay for board employees must be based on the system
established under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.106.AAEQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT.A (a)AAThe executive director or the executive director’s
designee shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
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disability, sex, religion, age, or national origin. The policy
statement must include:
(1)AApersonnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that show the intent of the board to avoid
the unlawful employment practices described by Chapter 21, Labor
Code; and
(2)AAan analysis of the extent to which the composition
of the board’s personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(b)AAA policy statement prepared under Subsection (a) must:
(1)AAbe updated annually;
(2)AAbe reviewed by the Commission on Human Rights for
compliance with Subsection (a)(1); and
(3)AAbe filed with the governor’s office.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 8, eff. Sept. 1, 2003.
SUBCHAPTER D. POWERS AND DUTIES OF BOARD
Sec.A1071.151.AARULEMAKING AUTHORITY.A (a)AAThe board may
adopt and enforce reasonable and necessary rules and bylaws to
perform its duties under this chapter and to establish standards of
conduct and ethics for land surveyors.
(b)AAThe board by rule shall prescribe the minimum standards
for professional surveying.
(c)AAThe board by rule shall establish the enforcement
process for a violation of this chapter or a board rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 10, eff. Sept. 1,
2003.
Sec.A1071.1515.AARULES ON CONSEQUENCES OF CRIMINAL
CONVICTION.A The board shall adopt rules necessary to comply with
Chapter 53.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 11, eff. Sept. 1, 2003.
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Sec.A1071.152.AARECEIPT OF FEES; PAYMENT OF ADMINISTRATIVE
COSTS.A (a)AA The executive director shall receive and account for
fees received under this chapter.
(b)AAGeneral revenue of the state may not be used to pay the
costs of administering this chapter in an amount that exceeds the
amount of fees received under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.1521.AAFEE INCREASE.A (a)AAThe fee for the
issuance of a certificate of registration to a registered
professional land surveyor under this chapter and the fee for the
renewal of a certificate of registration for a registered
professional land surveyor under this chapter is increased by $200.
(b)AAOf each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c)AAThis section does not apply to state agency employees
who are employed by the state as land surveyors.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 14(c), eff. Sept. 1,
2003.
Sec.A1071.1525.AANEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY.A (a)AAThe board shall develop and
implement a policy to encourage the use of:
(1)AAnegotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2)AAappropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board ’s
jurisdiction.
(b)AAThe board’s procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
regarding the use of alternative dispute resolution by state
agencies.
(c)AAThe board shall designate a trained person to:
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(1)AAcoordinate the implementation of the policy
adopted under Subsection (a);
(2)AAserve as a resource for any training necessary for
implementation of the negotiated rulemaking or alternative dispute
resolution procedures; and
(3)AAcollect data on the effectiveness of the
procedures as implemented by the board.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1, 2003.
Sec.A1071.1526.AAFEES.A The board shall set fees in amounts
reasonable and necessary to cover the costs of administering this
chapter.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1, 2003.
Sec. 1071.1527.AAREDUCED FEES FOR ELDERLY LAND SURVEYORS.A
The board by rule may adopt reduced certificate of registration and
license fees and annual renewal fees for land surveyors who are at
least 65 years of age.
Added by Acts 2005, 79th Leg., Ch. 170, Sec. 1, eff. September 1,
2005.
Sec.A1071.153.AAOFFICE SPACE.A The board shall arrange for
suitable office space and equipment as the board determines to be
necessary. The rental of office space and cost of equipment are
considered administrative expenses of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.154.AASURVEYOR ROSTER; INFORMATION PROVIDED TO
SURVEYORS.A (a)AA The board shall publish annually, at a time
determined by the board:
(1)AAa roster containing the name and place of business
of each land surveyor;
(2)AAthe rules adopted by the board; and
(3)AAa copy of this chapter.
(b)AAThe board shall charge a fee in an amount reasonable and
necessary to cover the costs of reproducing and mailing a copy of
the roster to a person who requests a copy.
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(c)AAThe board shall send annually to each land surveyor a
copy of this chapter and of the board ’s rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.155.AABOARD RECORDS.A (a)AAThe board shall
maintain a record of its proceedings, including a record of money
received and spent by the board and a register of each applicant for
registration or licensing. The record shall be open for public
inspection at all reasonable times.
(b)AAThe register must include:
(1)AAthe name, age, and place of residence of the
applicant;
(2)AAthe application date;
(3)AAthe applicant ’s place of business;
(4)AAthe applicant ’s qualifications;
(5)AAif the application is rejected, the reasons for
the rejection;
(6)AAthe date and result of each examination;
(7)AAthe date and number of any certificate of
registration or license issued; and
(8)AAany other information the board determines
necessary.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.156.AAREPRESENTATION OF BOARD AT CERTAIN
MEETINGS.A The board’s general counsel and board members may appear
and represent the board at committee meetings and other formal
meetings within the legislative or executive branch.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.157.AARULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING.A (a)AA The board by rule shall prescribe
standards for compliance with Subchapter A, Chapter 2254,
Government Code.
(b)AAExcept as provided by Subsection (a), the board may not
adopt rules restricting advertising or competitive bidding by a
person regulated by the board except to prohibit false, misleading,
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or deceptive practices by that person.
(c)AAThe board may not include in its rules to prohibit
false, misleading, or deceptive practices by a person regulated by
the board a rule that:
(1)AArestricts the use of any advertising medium;
(2)AArestricts the person’s personal appearance or use
of the person’s voice in an advertisement;
(3)AArelates to the size or duration of an
advertisement by the person; or
(4)AArestricts the person’s advertisement under a trade
name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.158.AATECHNOLOGY POLICY.A The board shall develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board ’s ability to perform its functions.
The technological solutions must:
(1)AAensure that the public is able to easily find
information about the board on the Internet;
(2)AAensure that persons who want to use the board ’s
services are able to:
(A)AAinteract with the board through the Internet;
and
(B)AAaccess any service that can be provided
effectively through the Internet; and
(3)AAbe cost-effective and developed through the
board’s planning process.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 12, eff. Sept. 1, 2003.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec.A1071.201.AAPUBLIC INTEREST INFORMATION.A (a)AAThe
board shall prepare information of public interest describing the
functions of the board and the procedures by which complaints are
filed with and resolved by the board.
(b)AAThe board shall make the information available to the
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public and appropriate state agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.202.AAPUBLIC PARTICIPATION.A The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board ’s jurisdiction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.203.AACOMPLAINTS.A (a)AAAny person may file a
complaint with the board regarding a violation of this chapter or a
board rule.
(b)AAThe board by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the board for the purpose of
directing complaints to the board. The board may provide for that
notice:
(1)AAon each registration form, application, or written
contract for services of a person regulated under this chapter;
(2)AAon a sign prominently displayed in the place of
business of each person regulated under this chapter; or
(3)AAin a bill for services provided by a person
regulated under this chapter.
(c)AAThe board shall accept a complaint regardless of whether
the complaint is notarized.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 13, eff. Sept. 1,
2003.
Sec.A1071.204.AARECORDS OF COMPLAINTS.A (a)AAThe board shall
maintain a file on each written complaint filed with the board that
the board has authority to resolve. The file must include:
(1)AAthe name of the person who filed the complaint;
(2)AAthe date the complaint is received by the board;
(3)AAthe subject matter of the complaint;
(4)AAthe name of each person contacted in relation to
the complaint;
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(5)AAa summary of the results of the review or
investigation of the complaint; and
(6)AAan explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b)AAIf a written complaint that the board has authority to
resolve is filed with the board, the board shall provide to the
person filing the complaint and to each person who is a subject of
the complaint a copy of the board’s policies and procedures
relating to complaint investigation and resolution.
(c)AAThe board, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
(d)AAExcept as provided by Subsection (e), a complaint filed
with the board is public information.
(e)AAFor any complaint determined to be frivolous or without
merit, the complaint and other enforcement case information related
to that complaint are confidential.AAThe information may be used
only by the board or by its employees or agents directly involved in
the enforcement process for that complaint.AAThe information is not
subject to discovery, subpoena, or other disclosure.
(f)AAIn this section, "frivolous complaint" means a
complaint that the executive director and investigator, with board
approval, determine:
(1)AAwas made for the purpose of harassment; and
(2)AAdoes not demonstrate harm to any person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 14, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 173, Sec. 1, eff. May 27,
2009.
SUBCHAPTER F. REGISTRATION, LICENSING, AND CERTIFICATION
REQUIREMENTS
16
Sec.A1071.251.AAREGISTRATION, LICENSE, OR CERTIFICATE
REQUIRED.A (a)AAIn this section, "offer to practice" means to
represent by verbal claim, sign, letterhead, card, or other method
that a person is registered or licensed to perform professional
surveying in this state.
(b)AAA person may not engage in the practice of professional
surveying unless the person is registered, licensed, or certified
as provided by this chapter.
(c)AAA person may not offer to practice professional
surveying in this state unless the person is registered or licensed
as provided by this chapter.
(d)AAA person may not use in connection with the person ’s
name or use or advertise a title or description that tends to convey
the impression that the person is a professional land surveyor
unless the person is registered or licensed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.252.AAAPPLICATION REQUIREMENTS.A (a)AAAn
applicant for certification as a surveyor-in-training,
registration as a registered professional land surveyor, or
licensing as a licensed state land surveyor must file a written
application with the board accompanied by an application fee in an
amount determined by the board.
(b)AAAn application must be made on a form prescribed and
furnished by the board and contain statements that show the
applicant’s education and experience. The application must contain
a detailed summary of the applicant’s education and experience and
references from at least three registered professional land
surveyors having personal knowledge of the applicant ’s surveying
experience. The board shall accept an application that meets board
requirements regardless of whether the application is notarized.
(c)AAAfter the board determines that the applicant is
qualified to take the appropriate section of the examination under
Section 1071.256, the board shall set the examination section the
applicant is approved to take and notify the applicant of the
examination section and of the time and place of the examination.
17
The applicant may take the examination section on payment of an
examination fee in an amount determined by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 15, eff. Sept. 1,
2003.
Sec.A1071.253.AASURVEYOR-IN-TRAINING CERTIFICATE.A (a)AAAn
applicant for a surveyor-in-training certificate must:
(1)AAhave earned a bachelor of science degree in
surveying from an accredited institution of higher education;
(2)AAhave:
(A)AAearned a bachelor’s degree from an accredited
institution of higher education that included at least 32 semester
hours in a combination of courses acceptable to the board in:
(i)AAcivil engineering;
(ii)AAland surveying;
(iii)AAmathematics;
(iv)AAphotogrammetry;
(v)AAforestry;
(vi)AAland law; or
(vii)AAthe physical sciences; and
(B)AAcompleted at least one year of experience
acceptable to the board in delegated responsible charge as a
subordinate to a registered professional land surveyor actively
engaged in professional surveying;
(3)AAhave:
(A)AAearned an associate degree in surveying from
an accredited institution of higher education; and
(B)AAcompleted at least two years of experience
acceptable to the board in delegated responsible charge as a
subordinate to a registered professional land surveyor actively
engaged in professional surveying;
(4)AAhave:
(A)AAsuccessfully completed a course of
instruction consisting of 32 semester hours in land surveying or
the equivalent number of semester hours in board-approved courses
related to surveying; and
18
(B)AAcompleted at least two years of experience
acceptable to the board in delegated responsible charge as a
subordinate to a registered professional land surveyor actively
engaged in professional surveying; or
(5)AAhave:
(A)AAgraduated from an accredited high school;
(B)AAcompleted at least four years of experience
acceptable to the board in delegated responsible charge as a
subordinate to a registered professional land surveyor actively
engaged in professional surveying; and
(C)AAprovided evidence satisfactory to the board
that the applicant is self-educated in professional surveying.
(b)AAOn proof that an applicant has the qualifications
required by Subsection (a), the board shall allow the applicant to
take an examination consisting of parts of the examination under
Section 1071.256, the contents of which are as determined or
approved by the board.
(c)AAThe board shall issue a surveyor-in-training
certificate to an applicant who passes the applicable parts of the
examination taken under Subsection (b).AAThe certificate is valid
for eight years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 53, Sec. 1, eff. May 10, 2007.
Sec.A1071.254.AAQUALIFICATIONS FOR REGISTRATION AS
REGISTERED PROFESSIONAL LAND SURVEYOR.A (a)AAAn applicant for
registration as a registered professional land surveyor must:
(1)AAhold a certificate as a surveyor-in-training;
(2)AAhave at least two years of experience satisfactory
to the board as a surveyor-in-training in performing surveying in
delegated responsible charge as a subordinate to a surveyor
registered or licensed to engage in the practice of surveying in
this state or in another state having registration or licensing
requirements equivalent to the requirements of this state; and
(3)AAif the application is filed after January 1, 2003,
have earned a bachelor’s degree from an accredited institution of
19
higher education that included at least 32 semester hours in a
combination of courses acceptable to the board in:
(A)AAcivil engineering;
(B)AAland surveying;
(C)AAmathematics;
(D)AAphotogrammetry;
(E)AAforestry;
(F)AAland law; or
(G)AAthe physical sciences.
(b)AAAn applicant is entitled to registration as a registered
professional land surveyor if the applicant meets the
qualifications prescribed by Subsection (a) and is approved to take
and passes the required sections of the examination prescribed
under Section 1071.256.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.255.AAQUALIFICATIONS FOR LICENSING AS LICENSED
STATE LAND SURVEYOR; OATH.A (a)AAA registered professional land
surveyor is entitled to be licensed as a licensed state land
surveyor if the person is approved to take and passes the
appropriate sections of the examination prescribed under Section
1071.256.
(b)AAThe board may not issue a license to a licensed state
land surveyor until the applicant takes the official oath stating
that the person will faithfully, impartially, and honestly perform
all the duties of a licensed state land surveyor to the best of the
person’s skill and ability in all matters in which the person may be
employed.
(c)AAThe board may not issue a license as a licensed state
land surveyor to a person residing outside of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.256.AAEXAMINATION.A (a)AAThe board shall
prescribe the scope of the written examination and examination
procedures with special reference to the applicant ’s ability in
order to protect the public safety, welfare, and property rights.
(b)AAThe examination for an applicant for registration as a
20
registered professional land surveyor must be developed and given
as provided by this chapter under board rules designed to determine
the knowledge and ability of the applicant.
(c)AAThe examination for an applicant for licensing as a
licensed state land surveyor must be developed under board rules
and include examination on:
(1)AAthe theory of surveying;
(2)AAthe law of land boundaries;
(3)AAthe history and functions of the General Land
Office; and
(4)AAother matters pertaining to surveying as
determined by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.257.AAEXAMINATION RESULTS.A (a)AANot later than
the 30th day after the date a person takes a licensing examination,
the board shall notify the person of the results of the examination.
(b)AAIf the examination is graded or reviewed by a testing
service:
(1)AAthe board shall notify the person of the results of
the examination not later than the 14th day after the date the board
receives the results from the testing service; and
(2)AAif notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(c)AAIf requested in writing by a person who fails an
examination administered under this chapter, the board shall
furnish the person with an analysis of the person ’s performance on
the examination. The analysis shall be provided in a summary form
that does not compromise the integrity of the examination.
(d)AAThe board may require a testing service to notify a
person of the results of the person’s examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 16, eff. Sept. 1,
2003.
21
Sec.A1071.258.AAREEXAMINATION; FEE.A An applicant who fails
an examination may apply to take a subsequent examination by filing
an updated application and paying an additional examination fee set
by the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 17, eff. Sept. 1,
2003.
Sec.A1071.259.AAREGISTRATION OF OUT-OF-STATE SURVEYORS.A
(a)AAThe board may waive any registration requirement for an
applicant who holds a license from another state having
registration or licensing requirements substantially equivalent to
the registration requirements of this state.
(b)AAThe board may issue a certificate of registration as a
registered professional land surveyor to an applicant under this
section who meets all waived and unwaived registration requirements
and who:
(1)AAapplies to the board for a certificate of
registration;
(2)AApays a fee set by the board; and
(3)AApasses an examination on Texas surveying.
(c)AAThe board shall determine the contents of the
examination under Subsection (b)(3). The examination may not
exceed four hours in duration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 18, eff. Sept. 1,
2003.
Sec.A1071.260.AAREGISTRATION NUMBER; FORM OF CERTIFICATE OR
LICENSE.A (a)AA The board shall issue to each registered
professional land surveyor a registration number that may not be
assigned to or used by any other surveyor. The number must be on the
certificate of registration and recorded in the board’s permanent
records and is the surveyor ’s registration number for use on all
official documents.
(b)AAEach certificate of registration and license issued by
the board must show the full name of the registration holder or
22
license holder and shall be signed by the presiding officer and the
executive director of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.261.AADISPLAY OF CERTIFICATE AND LICENSE.A (a)AAAn
original or renewal certificate of registration or license is
evidence that the person whose name and registration number appear
on the document is qualified to practice as a registered
professional land surveyor or licensed state land surveyor.
(b)AAA person holding a certificate of registration or
license shall display the certificate or license at the person ’s
place of business or practice. The person shall be prepared to
substantiate that the certificate or license has been renewed for
the current year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.262.AAREPLACEMENT OF REVOKED, LOST, OR DESTROYED
CERTIFICATE OR LICENSE.A The board may issue, on payment of a fee
set by the board and subject to board rules, a new certificate of
registration or license to replace a certificate or license that
has been revoked, lost, destroyed, or mutilated.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 19, eff. Sept. 1,
2003.
Sec.A1071.263.AAINACTIVE STATUS.A (a)AAA registered
professional land surveyor may request inactive status at any time
before the expiration date of the person ’s certificate of
registration. A registration holder on inactive status may not
practice surveying.
(b)AAA registration holder on inactive status must pay an
annual fee set by the board.
(c)AAA registration holder on inactive status is not required
to:
(1)AAcomply with the professional development
requirements adopted by the board; or
(2)AAtake an examination for reinstatement to active
23
status.
(d)AATo return to active status, a registration holder on
inactive status must file with the board a written notice
requesting reinstatement to active status.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 20, eff. Sept. 1,
2003.
SUBCHAPTER G. RENEWAL OF REGISTRATION AND LICENSE
Sec.A1071.301.AAANNUAL RENEWAL REQUIRED.A (a)AAThe board by
rule may adopt a system under which certificates of registration
and licenses expire on various dates during the year. For the year
in which the certificate or license expiration date is changed, the
board shall prorate certificate and license fees on a monthly basis
so that each certificate or license holder pays only that portion of
the certificate or license fee that is allocable to the number of
months during which the certificate or license is valid. On renewal
of the certificate or license on the new expiration date, the total
certificate or license renewal fee is payable.
(b)AAA renewal certificate must have the same registration
number as the original certificate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 21, eff. Sept. 1,
2003.
Sec.A1071.302.AANOTICE OF EXPIRATION.A Not later than the
30th day before the date a person’s certificate of registration or
license is scheduled to expire, the board shall send written notice
of the impending expiration to the person at the person ’s last known
address according to the board’s records.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 22, eff. Sept. 1,
2003.
Sec.A1071.303.AAPROCEDURE FOR RENEWAL.A (a)AAA person who is
otherwise eligible to renew a certificate of registration or
24
license may renew an unexpired certificate or license by paying the
required renewal fee to the board before the expiration date of the
certificate or license. A person whose certificate or license has
expired may not engage in activities that require a certificate or
license until the certificate or license has been renewed.
(b)AAA person whose certificate or license has been expired
for 90 days or less may renew the certificate or license by paying
to the board a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(c)AAA person whose certificate or license has been expired
for more than 90 days but less than one year may renew the
certificate or license by paying to the board a renewal fee that is
equal to two times the normally required renewal fee.
(d)AAA person whose certificate or license has been expired
for one year or more may not renew the certificate or license. The
person may obtain a new certificate or license by complying with the
requirements and procedures, including the examination
requirements, for obtaining an original certificate or license.
(e)AAA person who was registered or licensed in this state,
moved to another state, and is currently registered or licensed and
has been in practice in the other state for the two years preceding
the date of application may obtain a new certificate or license
without reexamination. The person must pay to the board a fee that
is equal to two times the normally required renewal fee for the
certificate or license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 23, eff. Sept. 1,
2003.
Sec.A1071.304.AANOTICE OF FAILURE TO RENEW STATE LAND
SURVEYOR LICENSE.A The executive director shall immediately notify
the commissioner when the license of a licensed state land surveyor
expires due to the person’s failure to timely renew the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.305.AACONTINUING PROFESSIONAL EDUCATION.A (a)AAAs
a condition for renewal of a certificate of registration, the board
25
shall require a registered professional land surveyor to
successfully complete continuing professional education courses as
prescribed by board rule.AAThe board’s rules must provide that the
continuing professional education requirement may be met by
completing annually not more than 16 hours of professional
development courses or programs.
(b)AAThe board may also grant professional education credit
for:
(1)AAsatisfactory completion of academic work at an
accredited institution;
(2)AAteaching or consulting in a program approved by
the board; or
(3)AAauthorship of a technical paper approved by the
board.
(c)AAA registered professional land surveyor shall maintain
records relating to the person ’s professional education
activities. The records are subject to audit by the board on
application by the person for renewal of registration.
(d)AAAs a condition for retaining a surveyor-in-training
certificate, the board shall require the certificate holder to
successfully complete continuing professional education courses as
prescribed by board rule.AAThe certificate holder shall maintain
records relating to the person ’s professional education
activities.AAThe records are subject to audit by the board as a
condition for retaining the certificate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 53, Sec. 2, eff. May 10, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1161, Sec. 1, eff. September
1, 2009.
SUBCHAPTER H. PRACTICE OF LAND SURVEYING
Sec.A1071.351.AAPERFORMANCE OF LAND SURVEYING; OFFICIAL
SEAL.A (a)AAIn this section, "employee" means a person who receives
compensation for work performed under the direct supervision of a
land surveyor.
26
(b)AAOn receipt of a certificate of registration, a
registered professional land surveyor shall obtain an authorized
seal bearing the person’s name and registration number and the
title "Registered Professional Land Surveyor."
(c)AAEach licensed state land surveyor shall obtain a seal of
office. The seal must contain the license holder ’s official title,
"Licensed State Land Surveyor," around the margin and the word
"Texas" between the points of the star in the seal. A licensed
state land surveyor shall attest with the seal all official acts
authorized under law. An act, paper, or map of a licensed state
land surveyor may not be filed in the county records of the General
Land Office unless it is certified to under the surveyor ’s seal.
(d)AAA registration holder or license holder may not affix
the person’s name, seal, or certification to any plat, design,
specification, or other professional surveying work that is
prepared by a person who is not registered or licensed under this
chapter unless the work is performed by an employee under the direct
supervision of the registration holder or license holder.
(e)AAA registration holder or license holder may not allow a
person who is not registered or licensed under this chapter to exert
control over the end product of professional surveying work.
(f)AAIf professional surveying is performed as a joint
venture of an association of two or more firms, each firm shall use
the seal of the surveyor having primary responsibility for the
venture.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec. 1071.352.AASURVEYING BY BUSINESS ENTITY.A (a)AAAn
association, partnership, or corporation may not offer
professional surveying services unless the entity is registered
with the board and a registered professional land surveyor is
employed full-time where the services are offered.
(a-1)AAThe board shall adopt rules prescribing the
requirements for the registration of an entity described by
Subsection (a).
(a-2)AAThe board may refuse to issue or renew and may suspend
or revoke the registration of a business entity and may impose an
27
administrative penalty against the owner of a business entity for a
violation of this chapter by an employee, agent, or other
representative of the entity, including a registered professional
land surveyor employed by the entity.
(b)AAA registered professional land surveyor or licensed
state land surveyor may organize or engage in any form of individual
or group practice of surveying allowed by state statute.AAThe
individual or group practice must properly identify the registered
professional land surveyor or licensed state land surveyor who is
responsible for the practice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1077, Sec. 1, eff. June 15,
2007.
Sec.A1071.353.AAPRACTICE UNDER ASSUMED NAME.A A person
engaging in the practice of surveying in this state under any
business title other than the real name of one or more persons
authorized to engage in public or state land surveying, whether
individually or as an association, partnership, or corporation,
shall file with the board, in the manner prescribed by the board, a
certificate stating the full name and place of residence of each
person engaging in the practice and the place, including the street
address, city, and zip code, where the practice or business is
principally conducted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.354.AAJURISDICTION OF LICENSED STATE LAND
SURVEYORS.A A licensed state land surveyor may perform surveys
under Section 21.011, Natural Resources Code, and is subject to the
commissioner’s direction in matters of land surveying in cases that
come under the supervision of the commissioner. The jurisdiction
of the license holder is coextensive with the limits of the state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.355.AALICENSED STATE LAND SURVEYOR AS AGENT OF
STATE.A A licensed state land surveyor is an agent of this state
28
when acting in that official capacity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.356.AARESIGNATION OF LICENSED STATE LAND
SURVEYOR.A (a)AAA licensed state land surveyor may resign at any
time by filing a written resignation with the board. On receipt of
the resignation, the board shall inform the General Land Office.
(b)AAA licensed state land surveyor who resigns under this
section is not entitled to reinstatement of the person ’s license.
To obtain a new license, the person must meet the requirements for
an original license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.357.AACOUNTY SURVEYORS.A (a)AAA licensed state
land surveyor may hold office as a county surveyor. If elected, the
person must qualify as provided by law for county surveyors.
(b)AAThe election of a licensed state land surveyor as county
surveyor does not limit the jurisdiction of the license holder to
that county, and the election of a county surveyor for any
particular county does not prevent any licensed state land surveyor
from performing the duties of a surveyor in that county.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec. 1071.358.AACOURT ORDER FOR LICENSED STATE LAND SURVEYOR
TO CROSS LAND.A (a)AAA licensed state land surveyor engaged in
surveying in the person’s official capacity who is denied
permission to cross land owned by a private party is entitled to a
court order to enforce the license holder ’s authority to cross the
land.
(b)AAThe attorney general shall promptly apply for an order
under this section from the district court. Venue for the action is
in the county in which the land is located.
(c)AAThe court shall grant the order on proof that the person
is licensed under this chapter and acting in the person ’s official
capacity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
29
Acts 2007, 80th Leg., R.S., Ch. 158, Sec. 1, eff. May 21,
2007.
Sec. 1071.3585.AACOURT ORDER FOR REGISTERED PROFESSIONAL
LAND SURVEYOR TO CROSS LAND.A (a)AAA registered professional land
surveyor engaged in surveying who is denied permission to cross
land owned by a person or entity may seek a court order authorizing
the surveyor to cross the land.
(b)AAA registered professional land surveyor may apply for an
order under this section from the district court.AAVenue for the
action is in the county in which the land is located.
(c)AAIf the registered professional land surveyor holds
office as a county surveyor and is engaged in surveying in the
person’s official capacity, the county attorney may apply for an
order under this section.
(d)AAThe court shall grant the order on proof that:
(1)AAthe person is a registered professional land
surveyor acting in the person’s official capacity as a county
surveyor; or
(2)AAthe person is a registered professional land
surveyor and the issuance of a court order authorizing the person to
cross the land is in the public’s best interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 158, Sec. 2, eff. May 21,
2007.
Sec.A1071.359.AALICENSED STATE LAND SURVEYOR FIELD NOTES.A
(a)AAOfficial field notes made by a licensed state land surveyor
must be signed by the surveyor, followed by the designation
"Licensed State Land Surveyor."
(b)AAField notes and plats prepared by a licensed state land
surveyor must conform to Sections 21.041 and 21.042, Natural
Resources Code.
(c)AAField notes made by a licensed state land surveyor in
any county in this state are admissible in evidence.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.360.AADISCOVERY OF UNDISCLOSED LAND.A A licensed
30
state land surveyor who discovers an undisclosed tract of public
land shall:
(1)AAmake that fact known to any person who has the
tract enclosed; and
(2)AAforward a report of the existence of the tract and
the tract’s acreage to the commissioner.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.361.AAACCESS TO COUNTY SURVEYOR RECORDS.A (a)AAA
licensed state land surveyor is entitled to access to a county
surveyor’s records for information and examination.
(b)AAAn examination fee may not be charged if the
investigation of the records is for the purpose of:
(1)AAmaking a survey of public land under the law
regulating the sale or lease of public land; or
(2)AAidentifying and establishing the boundaries of
public land.
(c)AAA licensed state land surveyor who examines records
under this section shall comply with any regulations prescribed by
the county surveyor or the commissioners court for protecting and
preserving the records.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER I. DISCIPLINARY PROCEDURES
Sec.A1071.401.AADISCIPLINARY POWERS OF BOARD.A (a)AAThe
board shall revoke, suspend, or refuse to renew a certificate of
registration or license, place on probation a person whose
certificate or license has been suspended, or reprimand a
registration holder or license holder for:
(1)AAfraud or deceit in obtaining a certificate or
license under this chapter;
(2)AAgross negligence, incompetence, or misconduct in
the practice of surveying as a land surveyor; or
(3)AAa violation of this chapter or a board rule.
(b)AAThe license of a licensed state land surveyor is subject
to revocation if the license holder is found to be directly or
31
indirectly interested in the purchase or acquisition of title to
public land.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 24, eff. Sept. 1,
2003.
Sec.A1071.402.AADISCIPLINARY PROCEEDINGS.A (a)AAThe board
may institute proceedings against a registration holder or license
holder on the board’s behalf without a formal written third-party
complaint.
(b)AAThe board shall assign an employee or contract with an
investigator to investigate each alleged violation of this chapter
or a board rule that is reported to the board. The board may employ
investigators and inspectors as necessary to properly enforce this
chapter.
(c)AAA board employee investigating an alleged violation
may:
(1)AAdismiss a complaint that is without merit; or
(2)AAdetermine whether a person has committed the
violation and recommend sanctions to the board.
(d)AAA board employee investigating an alleged violation
shall report the dismissal of a complaint under Subsection (c)(1)
to the board in the manner required by the board.
(e)AAThe person making a complaint that is dismissed under
Subsection (c)(1) may request reconsideration of the dismissal by
the board.
(f)AAThe board may appoint a subcommittee of the board that
includes at least one board member who represents the public to
assist in an investigation. A member of a subcommittee or a member
of the board who consults with board personnel or an investigator on
a complaint may not vote at a board disciplinary hearing related to
the complaint.
(g)AAThe board may not take into consideration a previously
dismissed complaint while resolving a complaint before the board.
The board may take into consideration any previous violation of
this chapter or a board rule when assessing a sanction or penalty
for a complaint before the board.
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Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 25, eff. Sept. 1,
2003.
Sec.A1071.403.AARIGHT TO HEARING; ADMINISTRATIVE
PROCEDURE.A (a)AAIf the board proposes to suspend or revoke a
person’s certificate of registration or license, the person is
entitled to a hearing before the board or a hearings officer
appointed by the board.
(b)AAThe board shall prescribe procedures by which a decision
to suspend or revoke a certificate of registration or license is
made by or appealable to the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.4035.AAINFORMAL SETTLEMENT CONFERENCE;
RESTITUTION.A (a)AAThe board by rule shall establish guidelines for
an informal settlement conference related to a complaint filed with
the board.
(b)AASubject to Subsection (c), the board may order a person
licensed or registered under this chapter to pay restitution to a
consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to assessing an
administrative penalty under this chapter.
(c)AAThe amount of restitution ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the person for a service
regulated by this chapter. The board may not require payment of
other damages or estimate harm in a restitution order.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 26, eff. Sept. 1, 2003.
Sec.A1071.404.AAPROBATION.A (a)AAThe board may require a
person whose certificate of registration or license suspension is
probated to:
(1)AAreport regularly to the board on matters that are
the basis of the probation;
(2)AAlimit practice to the areas prescribed by the
board; or
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(3)AAcontinue or renew professional education until the
practitioner attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
(b)AAThe board by rule shall adopt written guidelines to
ensure that probation is administered consistently.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 27, eff. Sept. 1,
2003.
Sec.A1071.405.AAREISSUANCE OF CERTIFICATE OR LICENSE.A The
board for reasons the board determines sufficient may reissue a
certificate of registration or license to a surveyor whose
certificate or license has been revoked. At least six board members
must vote in favor of reissuing the certificate or license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER J. ADMINISTRATIVE PENALTY
Sec.A1071.451.AAIMPOSITION OF PENALTY.A The board may impose
an administrative penalty on a person who violates this chapter or a
rule adopted or order issued under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.452.AAAMOUNT OF PENALTY.A (a)AAThe amount of an
administrative penalty may not exceed $1,500 for each violation.
(b)AAIn determining the amount of the penalty, the board
shall consider:
(1)AAthe seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts;
(2)AAthe economic damage to property caused by the
violation;
(3)AAthe history of previous violations;
(4)AAthe amount necessary to deter a future violation;
(5)AAefforts to correct the violation; and
(6)AAany other matter that justice may require.
(c)AAThe board by rule shall adopt an administrative penalty
schedule for violations of this chapter or board rules to ensure
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that the amounts of penalties imposed are appropriate to the
violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by Acts 2003, 78th Leg., ch. 16, Sec. 28, eff. Sept. 1,
2003.
Sec.A1071.453.AAREPORT AND NOTICE OF VIOLATION AND PENALTY.A
(a)AAIf the executive director determines after an investigation of
a possible violation and the facts surrounding the possible
violation that a violation has occurred, the executive director may
issue a violation report to the board stating:
(1)AAthe facts on which the determination is based; and
(2)AAthe recommendation of the executive director that
an administrative penalty be imposed, including a recommendation on
the amount of the penalty.
(b)AAThe executive director shall base the recommended
amount of the proposed penalty on the seriousness of the violation
determined by considering the factors listed in Section
1071.452(b).
(c)AANot later than the 14th day after the date the report is
issued, the executive director shall give written notice of the
report to the person charged. The notice must:
(1)AAinclude a brief summary of the alleged violation;
(2)AAstate the amount of the recommended penalty; and
(3)AAinform the person of the person’s right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.454.AAPENALTY TO BE PAID OR HEARING REQUESTED.A
(a)AANot later than the 20th day after the date the person receives
the notice under Section 1071.453, the person may:
(1)AAaccept the executive director’s determination,
including the recommended administrative penalty; or
(2)AArequest in writing a hearing on the determination.
(b)AAIf the person accepts the executive director ’s
determination, the board by order shall approve the determination
35
and order payment of the recommended penalty.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.455.AAHEARING ON RECOMMENDATIONS.A (a)AAIf the
person requests a hearing or fails to respond in a timely manner to
the notice under Section 1071.453, the board shall set a hearing and
give notice of the hearing to the person.
(b)AAA proceeding under this section is subject to Chapter
2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.456.AANOTICE OF DECISION BY BOARD.A The board
shall give notice of the board ’s order to the person charged. The
notice must include:
(1)AAthe findings of fact and conclusions of law
separately stated;
(2)AAthe amount of any administrative penalty imposed;
(3)AAa statement of the person’s right to judicial
review of the board’s order; and
(4)AAother information required by law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.457.AAOPTIONS FOLLOWING DECISION: PAY OR APPEAL.A
(a)AANot later than the 30th day after the date the board ’s order
becomes final as provided by Section 2001.144, Government Code, the
person shall:
(1)AApay the administrative penalty; or
(2)AAfile a petition for judicial review contesting the
fact of the violation, the amount of the penalty, or both.
(b)AAWithin the 30-day period, a person who acts under
Subsection (a)(2) may stay enforcement of the penalty by:
(1)AAforwarding the penalty to the board for placement
in an escrow account;
(2)AAgiving to the board a supersedeas bond in a form
approved by the board that:
(A)AAis for the amount of the penalty; and
(B)AAis effective until judicial review of the
36
board’s order is final; or
(3)AAfiling with the board an affidavit of the person
stating that the person is financially unable to forward the
penalty for placement into an escrow account and is financially
unable to give the supersedeas bond.
(c)AAFailure to take action under Subsection (b) within the
time provided results in waiver of the right to judicial review.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.458.AAENFORCEMENT OF PENALTY.A If the person does
not pay the administrative penalty and the enforcement of the
penalty is not stayed, the board may refer the matter to the
attorney general for enforcement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.459.AAREMITTANCE OF PENALTY AND INTEREST.A (a)AAIf
after judicial review the administrative penalty is reduced or not
imposed by the court, the board shall:
(1)AAremit the appropriate amount, plus accrued
interest, to the person if the person paid the penalty; or
(2)AArelease the bond if the person gave a supersedeas
bond.
(b)AAInterest accrues under Subsection (a)(1) at the rate
charged on loans to depository institutions by the New York Federal
Reserve Bank. The interest shall be paid for the period beginning
on the date the penalty is paid and ending on the date the penalty is
remitted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
SUBCHAPTER K. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec.A1071.501.AAINJUNCTION.A (a)AAIn addition to any other
action authorized by law, the board may institute an action in the
board’s name against any person to enjoin a violation of this
chapter or a board rule.
(b)AAAn action under this section must be brought in a
district court in Travis County. The attorney general shall act as
37
legal advisor to the board and provide necessary legal assistance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.502.AAENFORCEMENT BY ATTORNEY GENERAL.A The
attorney general shall act as legal advisor to the board and provide
legal assistance as necessary in enforcing this chapter and board
rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.503.AACIVIL PENALTY.A (a)AAA person who violates
this chapter or a rule adopted under this chapter is liable for a
civil penalty not to exceed $1,500 for each violation.
(b)AAAt the request of the board, the attorney general shall
bring an action to recover the civil penalty in the name of the
state.
(c)AAA civil penalty recovered under this section shall be
deposited in the state treasury.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Sec.A1071.504.AACRIMINAL PENALTY.A (a)AAIn this section,
"offer to practice" has the meaning assigned by Section 1071.251.
(b)AAA person commits an offense if the person:
(1)AAengages in the practice of or offers to practice
professional surveying or state land surveying in this state
without being registered or licensed in accordance with this
chapter;
(2)AApresents or attempts to use another person’s
certificate of registration, license, or seal issued under this
chapter;
(3)AAgives false or forged evidence to obtain or assist
another person in obtaining a certificate of registration or
license; or
(4)AAviolates this chapter or a rule adopted by the
board.
(c)AAAn offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
38
SUBCHAPTER L. EXAMINATION ADVISORY COMMITTEES
Sec.A1071.551.AAEXAMINATION ADVISORY COMMITTEES.A The board
may establish examination advisory committees to assist the board
in developing each examination required by this chapter.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 29, eff. Sept. 1, 2003.
Sec.A1071.552.AABOARD RULES.A (a)AAThe board by rule shall:
(1)AAestablish the purpose, role, responsibility, and
goals of an examination advisory committee;
(2)AAdetermine the size of and quorum requirements for
an examination advisory committee;
(3)AAdetermine the qualifications of an examination
advisory committee member, which may include experience and
geographic location requirements;
(4)AAprovide a process for the appointment of
examination advisory committee members;
(5)AAestablish the term of office for examination
advisory committee members; and
(6)AAdetermine the training requirements for an
examination advisory committee member.
(b)AAThe board by rule shall define the examination
development process under this chapter, including the board ’s
interaction with the examination advisory committees during the
process.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 29, eff. Sept. 1, 2003.
Sec.A1071.553.AAELIGIBILITY OF BOARD MEMBER.A (a)AAA board
member is not eligible to serve as a voting member of an examination
advisory committee.
(b)AAA board member may attend an examination advisory
committee meeting to act as a liaison with the board.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 29, eff. Sept. 1, 2003.
Sec.A1071.554.AAMEETINGS.A (a)AAExcept as provided by
Subsection (b), the meetings of an examination advisory committee
are open meetings under Chapter 551, Government Code.
39
(b)AAAn examination advisory committee may hold a closed
meeting to consider a test item or information related to a test
item as provided by Section 551.088, Government Code.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 29, eff. Sept. 1, 2003.
Sec.A1071.555.AAAPPLICABILITY OF OTHER LAW.A (a)AAExcept as
provided by Subsection (b), an examination advisory committee is
subject to Chapter 2110, Government Code.
(b)AASection 2110.002(b), Government Code, does not apply to
the appointment of examination advisory committee members.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 29, eff. Sept. 1, 2003.
Sec.A1071.556.AAEXAMINATION ADVISORY COMMITTEE DUTIES.A An
examination advisory committee shall:
(1)AAdevelop the examinations required by this chapter
in accordance with board rules; and
(2)AAperform other tasks assigned by the board.
Added by Acts 2003, 78th Leg., ch. 16, Sec. 29, eff. Sept. 1, 2003.
40